Employment disputes, mediation and employment tribunals

Last Updated: 04.12.2010

If you have a problem at work there are a number of ways to resolve it, both formally and informally.

In this section you can find help and advice on employment disputes, mediation and employment tribunals.

Employment disputes

Work place problems may arise from time to time in even the best-run businesses. Reasons vary, you may believe you have not been given your statutory rights at work, or because you feel you have been discriminated against. Whatever the reason, its best to talk it through when it happens.

You may be able to resolve a minor dispute through an informal meeting. More serious disputes may require a formal meeting and negotiations, such as the use of disciplinary and grievance procedures.

Many employers already have fair and comprehensive disciplinary and grievance procedures. Make sure you know what they are. They can help you discuss your concern in a structured way that clarifies the problem, identifies a solution and avoids time consuming and costly, both financially and emotionally, legal action.

This approach stops problems escalating and working relationships breaking down.

Mediation in the workplace

There are several ways to sort out problems in the workplace without going to court or an Employment Tribunal, including mediation. If you and your employer agree to mediation it can be quick, often less than a day, and is almost always less expensive and stressful than taking legal action.

In mediation, an independent and impartial third party discusses the issues in dispute with you and your employer. This is sometimes done separately, sometimes together with a view to helping you both come up with an acceptable solution.

Mediation is voluntary, so both you and your employer must agree to become involved. A mediator cannot impose their solution, you and your employer must both agree to it.

Mediation can take place at any stage in a dispute. It is generally most effective if used soon after the problem has arisen.

Mediation is not a free service, although in general the employer pays for it.

Although mediation can be part of a grievance or disciplinary procedure, it is not just for sorting out problems between employees and employers. It can also be particularly helpful where there are disagreements or personality clashes between people within a team.

Not using mediation, or failing to reach a settlement through mediation, will not affect your right to make an Employment Tribunal claim.

Employment Tribunals

If you are having problems at work that cannot be resolved, you may consider making a claim to an Employment Tribunal. A North Ayrshire Citizens Advice Bureau Employment Adviser can provide advice on and assistance with making a claim to the tribunal, and in some cases can provide representation at the tribunal hearing.

Help with your employment tribunal claim

Employment tribunals can be time-consuming and stressful. If however alternative dispute resolutions have failed then our experienced Employment Advisers can help you deal with your claim to an Employment Tribunal.

NACAS has employment specialists in tribunal representation that will help and advise you through the whole process, from submitting your claim to representation at the hearing. As part of our Employment Tribunal service we can advise how best to present your case and maximise your chances of a successful outcome.

Help completing your Employment Tribunal claim form

We can help with filling out the claim form, known as an ET1. The ET1 form is used to give information about:

• yourself
• your employer
• your complaint

We will help you to set out clearly all the relevant information regarding your complaint. The completed form is then sent to the local Employment Tribunal office.

The Employment Tribunal office will send a copy of the form to your employer. Your employer then has 28 days to respond.

Dealing with your claim

The Employment Tribunal will check whether they can deal with your claim. If there is any doubt, there may be a hearing held to clarify the issue. This is usually heard by an Employment Judge sitting alone.

Settling before a hearing

After you make an Employment Tribunal claim, we may still help find ways to settle the case before it goes to a hearing. Settling can be easier than making a claim. It is always up to you whether you decide to settle your claim.

Tribunal hearing

If no agreement can be reached, then we may be able to provide you with representation at the hearing.

At the hearing, you (or your representative) have the opportunity to present your case to the Employment Tribunal and answer questions. You can take witnesses to the hearing who can give evidence to support your case. If any witnesses you would like to be there refuse to go, you can ask the Tribunal to order their attendance.

If you win the appeal

The Employment Tribunal can order your employer to pay compensation. The compensation is unlimited for discrimination or dismissal on health and safety grounds.

For unfair dismissal claims the award is made up of:

• the basic award, worked out based on your age and length of service
• a compensatory award, up to a set limit reviewed every year (although the maximum is rarely awarded)

The Employment Tribunal can make an additional award on top of the two awards above. This is awarded if it orders your employer to re-employ you but your employer does not.

Up to £25,000 can be awarded for wrongful dismissal or other breaches of contract.

For help with employment disputes, mediation and employment tribunals

To discuss your employment problems or requirements regarding employment tribunal representation and advice, please visit a North Ayrshire Citizens Advice Bureau and speak to an Employment Adviser. You can find our contact details at the bottom of the page, our hours of business can be found on our opening hours page, alternatively, you can email us via our contact us page.